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Home My WebLink About0174 . ~ a I ~ ~ orchards agaiust loss or damage by fire by n~king and m~n~ pmper firebreaks ae s~nd around sajd prop- i erty, and by keep~g undergirowth cut, to tLe 3attsfactlon of seooadparty Firstpar~y will not top-work the grova ~ or orchard trees v~n'tfiout fizst obt~ng the wrltten oonsent of seoond -party. SeNwd party is hereby a~~thorized and einpowered to have ap~~ of said~ado~rt'ybemade by a Land Bank appra~uec, or by others, at such times ~ as seoo~d party. in its sale may 1 oast of such apMaisals shall be paid by first party immcdi- ately upon presentation of aa ita~aAized stabameat thereof and shall be aecured by tbia instrumea~ 8 Time Ls of the esse~oe o£ aaid nota and of this i~ashument. If Hrat, party fails to oomply wtth any oove- aaut, condition o~ ag~eement in tbis instrume~ut aar in the said note or in any reamortization, renewal, defern~ent, or e:tension a~reeinc~t, second party may, at ib optlan, exerdse ~ay one or znore of the following rights, powers, privileges, and ~ea~edies: (a) Perform aay oae or more of t~e oavenanb of Hntpa~y ia thLs inatrument and in the said not~ and all ~nounta atlvana~d by seoond~art~? in doing so s7ia1~ be dus and payable by fiist party to second party immediacely without notio~-and shall be seau~ed by chis iast~umeat, and sha11 bear incerest finm t~e _date of advanae by seoo~nd psrty at the Ligbest rafie pravided ia sAid notc. (bj lledare aIl announts secvred by this ia4trument immediately due and payable without notice. (c) Prooeed immediately t~o foredose this mortga8~ and pursue such othex reo4edies as may be authrnr- i~ed by ls?w. ~ Aa fi~rther security f~ the paymeat of the note hesein deseri'bed and for the performance of aD the tecros, oonditions, and oavenants of said aote and of this mortgage~ firstparty hereby transfers, assigAS, and sets over to secondparty all of the sown a~ gir~wing upon the said m~ortgaged premises at the time of filing svit for fomcloaure he -reof aad ther~, and all of the rents, issues, and profits of the said mortga ged premises ~ unpaid and unoollected at the time of filing su~t far f~dosure h~e~ and t~fter, and upon filinng suit for foredosure, or at any time th~te~, seoond ~rcy shall be eaaded ~o have a receiver appointed to talce charge of t~e said ged precnises and the cx+ops sown orgrow~n8 t~eon, to8ether with the saed rents, issa~s, and profits srismg aad her~eby acsigned, and lwld d~e same subject to the order and direction of the aourt, ~ 8. F'ust Party oovenaats that he wiII not any act whic~ mig~t impair or tend t~n impair the con- ! tinuation on tt,e property herein descxibed oE ~aIlotment~ and acreage allohne~?ts now established or here- ~ after established oa any of the propeity herein desaribed. - 9(a). In the ~vent seoondparty beoomes a to any legal pmoeeding (exduding an action to foreclose ~ this mortgage or to ooDect the debt hereby , involving this mortgage or the premises described hherein ( in- ' duduig but not Iimited to t6e tide to the lands desc~ibed abov~e), second party~may alsa recwver of fust all ~ oosts and reasonably incxui'ed bY the mortgagees induding a reasonable attorney's fee, whic~costs, ~ e~spenses an~on~ney's fee whea paid by seoond party shall boome a part of the debt secured h~eby and shaD ~ be immediately payable upon demand, and shall draw interest from the date of advance by seoond party until ! paid at the highest rate provided in said note. . 9(b). In the e~vent said debt, or any~ ther~of, is established by or in any action for foreclosiue of this mortgage, seoond pariy may also reoover first party, in addition to the said debt or so much thereaf as shall be anpaid, a reasonable fee for the attorney of -second party for professional sezvices rendered in such action, such j~ fee to be inoorporated in the decree of fo~osure in such actian ~ 10. Firstparty shall hold and efljoy the said premises until default in payment of any of the instaliments as ~I provided in said not~e or a breach of any of tlie cove~ants or conditions of said note or this mortgage shall be ' mad~; lmwever, any agent ar employee ~ second party or any person designated by second party may enter upon said premises at any time for the purpose of incpecteag same or for any otber purpose desired by se~ond party. I Il. All amounts idiat inay ~fter be awazded for oondemnabion of, and waste and tortious injury to, any ! of the prvperty hereh encumbered are hereLy assi , Y gned and shall be payable unto secondparty for application, ; after payment d~refrom of attAmey's fces and ezpenses incurred by first party and by~econ7 -larty in connection the.rewith, on such part of the indebted~.a secured hereby as seoond party may detenmine, with no duty on seoond party to ~nect sam~ _ - ~ 12. 17~is instrument is subject to t~e FederaI Farm Loan Act and a1I acts aznendatory thereof and sup- ~ ptementary thereto, and regulatians issued thereunder. All n'ghts, Po~'vers, Privi]eBes, options and remedies and ~ ; n~ts allowed by law, may be pursued concurrendy, and shall extend to and may be exercised and enjo~ yed by the sucoessors and assigns of seeond party, and hy any agent, offioer, attomey ar representative of seound fts succ~essors or assigns. All obligations of, and assigaments by, first party herein and hereunder shall extenpd to~ and be binding upon the heirs, executors, adminishstors, suoc~essors, and assigns of first party. ~ IN WITNESS WHEREOF, first party has hereunto set his hand and seal (and if fust party is or includes a rnrporation it has causecl these pr~cent~ to be e~ecuted and its corporate seal to be hereta affiaed by its proper officers thereunto first duly authorized), this day itnd year first above written. ',I Signecl, 5ealed, and DeL'vered in the presenoe of: . 'I i~ ~ . ~ SEAL ~ ) Robert V. Huff ~ --(SEAL) Two itnesses as to R rt V. Huff ancl Mercedes V. Huff i S~~ ;i Merc des V. Huff + .(gEAI,) ~ ( SEAI.) ~ ( Sg.~,) OR - ~u`~^- ~'~`-.='_r ~k < - .a ~ rt 'r~~§ah~_ y...~~ _ _ - - t~,rxsrraa'~~-w.~